Amendment Of The Act. On Information Systems And Other Related Laws

Original Language Title: změna zák. o informačních systémech a dalších souvisejících zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62251&nr=81~2F2006~20Sb.&ft=txt

81/2006 Coll.


LAW
Dated 10 February 2006

Amending Act no. 365/2000 Coll., On information systems of public administration
and amending certain other laws, as amended
regulations, and other related laws

Change: 89/2012 Coll.

Parliament has passed this Act of the Czech Republic:
PART ONE


Amendment to Act no. 365/2000 Coll., On public administration information systems and
amending certain other laws
Article I


Act no. 365/2000 Coll., On public administration information systems and
amending certain other laws as amended by Act no. 517/2002 Coll., Act No.
. 413/2005 Coll. and Act no. 444/2005 Coll., is amended as follows:

First In § 1 the word "certain" and the word "persons" are deleted.

Second In § 2 letter f) shall be deleted.

Existing letters g) to v) are renumbered f) to u).

Third In § 2 letter j) reads:

"J) attestations determine compliance

first qualification for the realization of bonds public administration information system
with other information systems through a reference interface or

second term management of public information systems;

administration with the requirements of this Act and the implementing legislation for this
Act; ".

Fourth In § 2. l) the word "official" is deleted.

Fifth In § 2. m) after the word "person" the words "who are
entrepreneurs."

6th In § 2. n) the words "telecommunication device (such
via the Internet)" is replaced by "network or service
electronic communications (eg using the internet)."

7th In § 2 at the end of the text of letter q) the words "and
communicate with her."

8th In § 2 at the end of the text in the letter) is replaced by a semicolon and the letters
v) to x), added:

"V) Attestation Terms and conditions issued by an assessment
Centre, including in particular the definition of the subject certification and attestation procedures
Centre in implementing the attestation
approved by the Ministry of Informatics (hereinafter the" Ministry ")
| || w) accreditation process, based on which issues certificates that
legal or natural persons who are entrepreneurs meet in
defined range of technical, organizational, economic and personnel
prerequisites for implementing the attestation ,

x) operational documentation documentation information system
public administration, which describes the functional and technical characteristics of information
system. ".

9th In § 3 para. 2 the words "local authorities and other state authorities
'is replaced by' and local governments'.

10th In § 3 para. 3 point. b) the words "prevention and detection of crime
činnosti3)" is replaced by "fulfilling its tasks ^ 3)."

Footnote. 3 reads:

"3) § 42d of the Act no. 283/1991 Coll., On the Police of the Czech Republic, as amended
Act no. 60/2001 Coll.".

11th In § 3 para. 3, subparagraph b), new letters c) and d) that
including footnotes. 3a-3c added:

"C) law enforcement authorities in criminal proceedings in connection with criminal proceedings
^ 3), with the exception of the Criminal Records ^ 3b)

d) Police of the Czech Republic and the Prison Service of the Czech Republic in | || providing special protection and assistance to vulnerable persons under a special legal regulation
3c)

3a) § 12 para. 1 of Act no. 141/1961 Coll., on criminal court proceedings
( criminal procedure Code).

3b) Act no. 269/1994 Coll., on criminal Records, as amended by Act no. 126/2003 Coll
.

3c) of Law no. 137 / 2001 Coll., on special protection of witnesses and other persons
connection with criminal proceedings and amending Act no. 99/1963 Coll.
Civil procedure, as amended. ".

Existing letters c) to e) shall be designated as letters e) to g).

12th In § 3 para. 3 point. e) the words "financial analysis"
deleted and the word "zákona4)" is replaced by "a law on combating
legalization of proceeds from crime or
special regulation on the implementation of international sanctions to maintain international
peace and security, the protection of fundamental human rights and the fight against terrorism
".

13th In § 3 para. 3 letter f) and g) including footnotes Nos. 5 and 6
added:

"F) the National Security Agency, an intelligence service or
Interior Ministry in the implementation of safety management and leadership
records under special Act 5)


G) under the Ministry of Defence, while the activities carried out by special legislation
^ 6)

5) Act no. 412/2005 Coll., On protection of classified information and security competence
.

6) Act no. 218/1999 Coll., On the extent of conscription and military
administrative offices (Conscription Act), as amended.

Act no. 219/1999 Coll., On the Armed Forces of the Czech Republic, as amended
.

Act no. 220/1999 Coll., On national or replacement services and
military exercises and on some legal status of reservists,
amended by Act no. 128/2002 Coll.

Act no. 221/1999 Coll., On Professional Soldiers, as amended
regulations.

Act no. 222/1999 Coll., On the defense of the Czech Republic, as amended
Act no. 320/2002 Coll. ".

14th in § 3 para. 3, subparagraphs h) to j), including notes that
footnote. 6a through 6c added:

"h) Ministry of Interior, the Ministry of Finance and the Ministry of justice
processing of personal data of members of security
corps by special legislation 6a)

I) administrative authorities and local governments delegated
competence in activities related to ensuring national defense
under a special legal regulation 6b)

J) public authorities and legal persons if they are used exclusively to support
crisis management ^ 6c).

6a) Act no. 361/2003 Coll., On the service of members of security forces
, as amended by Act no. 186/2004 Coll.

6b) Act no. 241/2000 Coll., On economic measures for crisis situations
and amending certain related laws, as amended.

6c) § 26 of Act no. 240/2000 Coll., On crisis management and amending certain
Acts (Crisis Act), as amended by Act no. 320/2002 Coll. ".

15 . In § 3 para. 4, after the number "3" the following text "point. b) to j). "

16th in § 3, at the end of paragraph 5, the words" with the exception of bonds
operational information systems for public information systems. "

17 . In § 3 para. 8, the words "comply with the mandatory provisions of the standards" are deleted
.

18th in § 4 para. 1 introductory part, the words "Informatics (
" Ministry ') "are deleted.

19th in § 4 para. 1, point d) a new point e)
including footnotes Nos. 7a reads:

" e) comments on draft documentation programs containing an acquisition,
restoration and operation of information and communication technologies
drawn up under special legislation 7a).
Ministry must take into account in particular the legitimate interests of proposers documentation
program needs to ensure the proper administration of public

7a) Act no. 218/2000 Coll., On budgetary rules and amending
some related laws (budget rules), as amended
.. "

Existing letters e) through k) are renumbered f) to l).

20th in § 4 para. 1 point. f) the word "standards" shall be replaced
'guidelines for specialized activities associated with
creation, development and use of information systems in public administration. "

21st in § 4 para. 1 at the end of the text of letter g) the words" and
stipulates the technical and functional requirements
implementation of links between information systems through
reference interface. "

22nd in § 4 para. 1 point. h), the words" publicly accessible "
replace the word" public ". | ||
23rd in § 4 para. 1 point. i) the words "publicly accessible"
replace the word "public" and at the end of the text of letter i) the words "through his
announces data elements and provides for implementing legal regulation
form and technical requirements of data transmission into it. "

24th In § 4 para. 2 letters b) and c) are added:

"B) comments on the investment plans of actions the acquisition, rehabilitation and
operation of information and communications technologies whose
Registration Information System financing asset reproduction entering
implementation and change their binding set parameters
done only with the approval of the Ministry of Finance under a special legal regulation
7a). the Ministry must take into account particular
legitimate interests of proposers of investment plans and actions and the needs

Ensure proper performance of public administration;

C) exercises the powers stipulated by this law in the field of accreditation and attestation
; ".

25th in § 4 para. 2 letter d) be deleted.
E
existing letters ) to j) are renumbered d) to i).

26th in § 4 para. 2 at the end of the text in subparagraph d) the words "and
rules for writing data elements into the information system
of data elements. Procedures ministries and public authorities in the management and
enrollment data elements into the information system of data elements, including procedures
Ministry in announcing the data elements provides
implementing legislation. "

27th In § 4 para. 2 letter e) shall be deleted.

existing letters f) to i) are designated as letters e) to h).

28th in § 4 para. 2 letter e) reads:

"e) impose sanctions for administrative offenses under § 7;".

29th in § 4 para. 2 point. g) the words "and their financial requirements"
deleted.

30th in § 4 para. 2 letter h) reads:

"h) issue the Gazette, which publishes guidelines [paragraph 1
point. f)], a list attestation centers, granting accreditation certificate
and the granting of certificates and other documents relating to information systems
public administration. Issuance of the Bulletin of the Ministry shall provide
through the public administration portal. ";

31st in § 4 para. 2, the following point i) is added:

" i) consult methodological proposals guidelines particularly with stakeholders
form of public consultation, aiming to obtain opinions and comments
entities concerned to the given draft, and for this purpose
establish and manage information system which in a manner allowing remote access publishes
draft guidelines, allows
submission of comments and publish the result of the consultation. ".

32nd in § 5 para. 2, letter a) to d) shall be deleted.

existing letters e) j) are renumbered as subparagraphs a) to f).

33rd in § 5 para. 2 point. a) the number "2" is replaced by "1" and
number "3" is replaced with the number "2".

34th in § 5 para. 2, after letter a) a new point b), including
footnote. 8a reads:

"b) submit to the ministry to express any dossiers containing programs
acquisition, rehabilitation and operation of information and communication technologies
drawn up under special legislation 7a) and
investment plans of actions the acquisition, rehabilitation and operation of information and || | communication technology whose registration Information system
finance asset, entering their implementation and change their
binding set of parameters is done only with the consent
Ministry of finance under special legislation 7a).
Particulars documentation programs and investment plans down specific legislation
^ 8);

8a) Decree no. 231/2005 Coll., On state budget participation in the financing of programs
asset purchasing and reproducing, as amended by Decree no. 269/2005 Coll
.. "

Current letters b) to f) are renumbered c) to g).

35th in § 5 para. 2 point. c) the words "publish dials
data elements" are replaced by "publish dials "and at the end of the text of letter
c) the words" and transmit data to the Ministry of information
system of data elements electronically, in the form as
technical requirements set by the implementing legislation. "

36th in § 5 para. 2 letter d) reads:

"d) ensure that the links operated by them information system for information systems
another operator
were made through a reference interface using data elements
announced by the ministry and kept in the information system of data
elements. Eligibility information system to implement these bonds are required to demonstrate
certificate. This provision does not apply to links between them
operated information systems and information systems led
intelligence services. "

37th in § 5 para. 2 point. E) the word" publish "is replaced
words "make available to the Ministry in electronic form, in the form as
technical requirements set by the implementing legislation," as
word "elements," the words "for the purpose of publication in
Information system under § 4 para. 1 point. h) and i) "and the words" and that
manner allowing remote access "is deleted.

38th in § 5 para. 2 letter f) reads:


"F) follow when disclosing information in a manner allowing remote access
so that information related to public administration
published in a form that enables such information to the extent necessary
to acquaint and people with disabilities.
form of public disclosure of information by the implementing legislation. ";

39th In § 5, paragraph 3 shall be added:

"(3) Central administrative authorities publish bulletins issued its
scope to public administration portal.".

40th Under § 5 following § 5a to 5c, which, including the title and remarks
footnote. 9a added:

"§ 5a

Long-term management of information systems in public administration

(1) Public authorities are created and issued an information concept
apply it in practice and assess compliance. The information
concept of public authorities set out their long-term objectives
quality and safety management managed information systems in public administration and
define the general principles of the acquisition, creation and operation
public administration information systems. the content and structure of the information | || concepts and practices of public authorities in the creation, publishing and
when evaluating its compliance and management requirements
safety and quality of public administration information systems provides
implementing legislation.
|| | (2) based on information published by the concept of public authorities
create and issue operational documentation
individual information systems of public administration, implement it in practice and assess its compliance with
. the content and structure of operational documentation provides detailed | || law.

(3) The public authorities shall provide an attestation
term management of information systems in public administration and demonstrating compliance with obligations under
paragraphs 1 and 2 attest term management of information systems in public administration
. The extent of operational documentation submitted for attestation provides
implementing legislation. The obligation under the first sentence does not apply to municipalities
exercising delegated powers only in the basic range
^ 9).

§ 5b

Security of information systems in public administration

(1) Public authorities ensure the security of information systems in public administration
extent the implementing regulation.
Implementing legislation sets minimum safety requirements
to ensure the confidentiality, integrity and availability of information processed.

(2) Public authorities are responsible for selecting and implementing appropriate security measures
corresponding to the minimum safety requirements
.

§ 5c

Checking compliance with the obligations of public authorities

(1) If the Ministry in control pursuant to § 4 para. 2 point. a)
Public Authority's shortcomings, invite the public authority that
take measures to remedy these deficiencies.

(2) In the notice under paragraph 1 specifies ministry
identified deficiencies and determine the measures to be a public authority
taken to remedy these deficiencies, and determine the Public Authority
reasonable deadline to adopt these measures. This period should not exceed six months
.

9a) § 61 paragraph. 1 point. a) Act no. 128/2000 Coll., on Municipalities (Municipal
Establishment), as amended. ".

41st § 6 including the heading reads:

" § 6

Authorization to accredit

(1) Accreditation performs legal person who is a member of the international association
engaged in accreditation and designated by the Ministry
paragraph 6, which was based on a request for authorization to perform accreditation
Ministry's decision to accredit
charged (hereinafter referred to as "accreditation body"). Authorization to perform
accreditation is not transferable.

(2) An application for designation of a legal entity to perform accreditation applicant attaches


A) founding document,

B) evidence of material, personnel and organizational prerequisites for
activity accrediting persons

C) proof of membership in international associations dealing with
accreditation and designated by the Ministry pursuant to paragraph 6, and the extent
fulfillment of obligations arising from membership,

D) evidence of the availability of resources necessary for the performance of activities accrediting
person


E) conditions and procedures for the assessment of applicants (hereinafter
"accreditation rules"), which must be in accordance with the rules
international associations engaged in the accreditation
designated by the Ministry under paragraph 6 || |
(3) If the applicant meets all the conditions prescribed by law for
authorization to perform accreditation, the Ministry will issue a decision
it entrusts implementation of accreditation. Otherwise, the request for authorization to perform accreditation
refused. The decision instructs the Ministry
accrediting person to perform accreditation, the Ministry expresses
agreement with the accreditation rules.

(4) The accreditation body shall

A) progress in the implementation of accreditation in accordance with the accreditation
rules with which the ministry expressed consent

B) fulfill the obligations arising from membership in international associations
engaged in accreditation and designated by the Ministry under paragraph 6

C) have secured the resources needed to carry out their activities

D) personnel to ensure their activities by persons who have professional
knowledge, experience and qualifications necessary to carry out accreditation and
you are familiar with the accreditation rules

E) To act impartially during accreditation and nepodjatě, especially
refrain from anything that could jeopardize confidence in its impartiality,

F) to report immediately to the Ministry that he is unable for more than three months
fulfill the obligations under subparagraph c).

(5) fails to fulfill the accreditation body the obligations laid down in this Act and

A) it was in the previous calendar year at least twice Ministry
fined under § 7 or

B) violation of the law is so serious that it can not be expected
remedy the defective condition and proper performance of the duties of an accreditation body,

Ministry shall decide on the withdrawal of authorization to perform accreditation.
Ministry always decide on the withdrawal of the authorization to perform accreditation
if the accreditation body requests in writing.

(6) The list of designated international associations dealing with accreditation
decisions on behalf of an accreditation body to accredit and
decision to revoke the authorization to perform accreditation publish
Ministry in the Bulletin.

(7) Supervision accreditation body in carrying out obligations under this Act shall
ministry. When supervision is governed by a special law
^ 8). ".

42nd after § 6, the following § 6a to 6e that including headings and notes
footnote. 10 and 11 added:

"§ 6a


Certificate of Accreditation
(1) Accreditation will launch the accreditation body on request
legal or natural persons who are entrepreneurs. Accreditation is done for a fee.
The price is determined by a special legal regulation 10).

(2) Based on the accreditation issue a certificate of accreditation body
accreditation unless the applicant for accreditation authorized to do business in
attestation and meets the conditions of accreditation rules.
Certificate of Accreditation defines the subject matter, scope and conditions of security assumptions
under the first sentence and the period for which it was issued.

(3) The accreditation body shall transmit electronically to the Ministry of Information
issued an accreditation certificate within 7 working days
date of its issue.

(4) The accreditation body overseen by the attestation centers
over compliance with conditions of accreditation rules. If it finds deficiencies in their
performance, according to the seriousness of the deficiencies in accordance with the accreditation rules
withdraw the accreditation certificate. This fact
accreditation body shall promptly notify the Ministry in electronic form.

§ 6b

Authorization to perform attestations

(1) Certification Center performs attestation according to § 2. a)
which was based on a request for authorization to perform attestations decision
Ministry authorization to perform attestations.

(2) The Ministry shall issue a decision on the designation of Certification Centre
to perform attestations, unless the application for authorization to perform attestations submit


A) proposal attestation conditions, which include requirements according to § 2.
V)

B) an accreditation certificate in accordance with § 6a and

C) certificate from the competent authorities that no arrears payable on
premiums for public health insurance premiums for social security
, the contribution to the state employment policy and does not

Records of tax arrears.

(3) The authorization to perform attestations ministry, the period for which the commission
grants, and approve procedures Certification Centre at
perform attestations contained in the attestation conditions that
applicant for authorization to perform attestations presented.

(4) The authorization to perform attestations can not, without the consent of the Ministry
transferred to another person. Authorization to perform attestations are awarded at
maximum period of 5 years.

§ 6c

(1) The Ministry shall withdraw authorization to perform attestations, if
Attestation Center

A) lost its accreditation certificate, on the basis of which he was
authorization to perform attestations granted

B) lost its business license on the basis of which it was entitled
business in attestation

C) fails to comply with obligations under this Act, does not follow
attestation conditions, or fails to comply with the provisions of the implementing legislation
regulations to this Act, although it was the possibility of withdrawal
authorization to perform attestations of these reasons, the ministry warned in writing
and did not rectify nor reasonable deadline set by the Ministry, or

D) within the prescribed period the Ministry has not revised version
attestation conditions under paragraph 4.

(2) The Ministry shall withdraw authorization to perform attestations, if so
attestation center requests in writing.

(3) The Ministry may, on its own initiative to cancel the decision of approval procedures
Certification Centre under § 6b paragraph. 3,

A) if there is a threat or restriction of operations of information systems
public administration

B) if it is necessary for compliance with international treaties to which the Czech Republic is bound
.

(4) If the Ministry shall revoke the decision on the approval procedures
Certification Centre in implementing the attestation communicate atestačnímu
Centre reasons why the decision was annulled, and invite him to the
set reasonable time ministry submitted a modified
wording of the conditions for approval attestation procedures Certification Centre at
perform attestations.

(5) The Ministry approves the procedures for the implementation of Certification Centre
attestation if the attestation center submit a draft of their new
wording.

§ 6d
Implementation of attestation


(1) Attestation centers in the implementation of attestation obliged

A) proceed under conditions and attestation

B) conduct assessments of long-term management of information systems in public administration and
capacity to implement links information systems in public administration
with other information systems through a reference
interface in accordance with this Act and granted authorization procedures
established by the implementing legislation.

(2) Attestation Centre is authorized to carry out certification
long-term management of information systems in public administration and certification of competence to implement
bonds of public information systems with other information systems through
reference interface on which
development, development, production or trade in any way involved itself or
him economically or personally related entity when

A) economically or personally connected persons for the purposes of this Act
mean, if one person participates directly or indirectly
management, control or capital of another person or if the same
legal or natural persons directly or indirectly in the management, control or capital
both entities or individuals close ^ 11)

B) participation in control or assets for the purposes of this Act
any share capital or voting rights.

(3) Attestation Centre conducted certification under an agreement with
applicant for attestation for consideration. The price is determined by
special legal regulation 10).

(4) Attestation Centre issue an attestation report of a test carried
within 7 working days after completion of the test.
Attestation Centre will issue a positive outcome attestation certificate to the applicant.
Testimonial must contain conditions for the validity of the attestation.

(5) Type approval shall be issued for a maximum period of 5 years.

(6) Attestation Centre, which has issued the certificate may, at the request of the holder of the certificate of
before the expiration of the certificate of
extend its validity for two years, even repeatedly. Applicant and Attestation Center at

Renewal of the attestation proceed similarly as in the implementation
attestation.

(7) Attestation Centre transmit electronically through automated reporting process
accessible remote access
electronic address, which the Ministry will publish in the Gazette, the Ministry
about attestation made within 7 working days || | date of its execution. Information on the issue of the certificate of ministry
publish in the Gazette.

(8) Supervision attestation centers in fulfilling their obligations under
this act ministry. When supervision is governed by a special law, 8
).

§ 6e

Conclusion of a design certification

(1) Attestation Centre will publish Attestation conditions, their every
change, withdraw authorization to perform attestations (§ 6c paragraph. 1 and 2)
or revocation of the approval procedures of Certification Centre (§ 6c
par. 3) in his establishment and in a manner enabling remote access to
7 working days from the issuance of the relevant decision of the Ministry.

(2) Attestation Centre proposes to enter into contracts and perform certification
whoever it attestation in the manner prescribed conditions prompts
contract attestation according to published conditions.

(3) Deviations from the terms attestation can arrange individual case
only if it attestation conditions allow and if
these changes alter the nature of the services offered attestation.

(4) certification center is not obliged to propose a contract to perform
attestation if its contents should also be deviations from
attestation conditions under paragraph 3

10) Act no. 526/1990 Coll., On prices, as amended.

11) § 116 et seq. Civil Code. ".

43rd after § 6e following new § 6f to 6i that
including headings and footnotes. 11a to 11d added:

" § 6f

Delivery data report public authority through the portal of public administration


(1) The administrator of a public administration portal (hereafter "Portal Administrator")
provided under the terms of this Act, the supply of data messages
public authority, if so provided by special legislation.

(2) Every person is entitled to use the service delivery data report to the public
authority (hereinafter the "Delivery") via the Public Administration (
"the portal"), subject to this Act, special || | ^ legislation 11a) and operating rules for delivering data portal reports
public authorities through the website (hereinafter the "operating
regulations").

(3) The adoption of a data message occurs portal administrator
obligation without undue delay and under conditions laid down in this Act
deliver the data message to a public authority, which the sender of the data messages
designated as the recipient (the "recipient "). Data message is taken
portal when it is available and is eligible for further
processing for delivery.

(4) Acceptance of the data report confirms the portal administrator immediately
sender data message, which is marked by e
brand-11b) of the portal administrator and contains the date and time of receipt.

(5) Administrator Portal delivers data message recipients complemented by data
date and time when the data message took.

(6) Delivery confirms the recipient without undue delay portal administrator
data message, which is marked with an electronic sign-11b)
recipient and contains the date and time of delivery to the recipient. Data message is delivered to the recipient
when available registrar
body of public authority.

(7) Delivery of data message recipient confirms
recipient through the portal without undue delay sender data message, which is marked
electronic sign-11b) of the recipient and contains the date and time of delivery
recipients.

§ 6 g


Operating Rules
(1) Operating Procedure for delivering data messages public authority
through the portal of the public administration ministry issued a
publish it in the Gazette.

(2) The code contains the definition

A) the method of transmission of data message sender portal, including setting
technical parameters of data messages

B) the method of delivery portal recipients, including the possible time that can elapse
from receipt to delivery,


C) public authorities, which is under special legislation
possible through the portal, data message to deliver, and the types of complaints,
which is under special legislation
possible through the portal to deliver,

D) operating time access portal.

§ 6h

Obligation of confidentiality

(1) Administrator portal and individuals involved in the part of the administrator
portal service delivery
obligation to maintain secrecy about the content of data messages, which provide for delivery.
Sender or recipient, or their representatives or legal successors may
person under the first sentence confidentiality obligations exempt.

(2) Portal Administrator and individuals involved in the part of the administrator
portal service delivery
obligation to maintain confidentiality of facts relating to service delivery data message
public authority via the portal, which in its activities
they learned. Knowledge of these facts may be used only for the purpose
service delivery; not allow them illegally
he met another person. The sender or recipient, or their
representatives or legal successors may persons under the first sentence of confidentiality obligations
exempt.

(3) The confidentiality obligation under paragraph 2 shall not apply to data from
which does not indicate who the sender was, or who was the beneficiary.

(4) breach of the duty of confidentiality under paragraph 2 shall not, unless
portal administrator and the persons involved on the side of the portal administrator to
service delivery, communicate the data referred to in paragraph 2
sender or recipient, or their representatives , legal successor or other
persons with knowledge of the sender or recipient to act in his favor
.

(5) The obligation to maintain confidentiality does not apply to cases where a
portal administrator under special legal regulation 11d) obligation

A) inform persons and bodies authorized under a special legal regulation
^ 11d) information provided by or provided to supply, or
enable them to obtain this information,

B) issue to persons and bodies authorized under a special legal regulation
^ 11d) a record of processing data messages, which is subject
delivery or

C) make or allow other measures.

§ 6i

The rights and obligations of the portal

(1) Portal Administrator is authorized to check the content of the data messages only to the extent
data necessary to fulfill the obligations stipulated by this law
. Technical parameters of a data message, which is subject to delivery
portal administrator is authorized to check to verify whether they meet the conditions laid down
operating rules.

(2) The right to dispose of the data message have until its delivery only
portal administrator and sender.

(3) The administrator of the portal is not entitled to a data message, which took over
order delivery, copy or store.

(4) The administrator portal keeps records of data messages, which took over
order delivery, to the extent necessary to fulfill the obligations stipulated by this law
. The records led mainly

A) the date and time of receipt of data messages, which is subject to delivery
confirmation of its receipt,

B) the date and time of delivery of a data message, which is subject to delivery
confirmation of its delivery

C) the information necessary to identify the sender and recipient data messages.

(5) The information referred to in paragraph 4, the portal administrator is obliged to maintain
period of 3 years from the date of their creation.

(6) Portal Administrator is authorized to destroy data message if

A) it is a data message that can not deliver to the recipient or return
sender or

B) it is necessary to prevent damage.

11a) Act no. 582/1991 Coll., On organization and implementation of social security
, as amended.

11b) Electronic Signature Act.

11c) Act no. 82/1998 Coll., On liability for damage caused during
exercise of public authority decision or incorrect official procedure and change
Czech National Council Act no. 358/1992 Coll., On Notaries
and their activities (notary Act), as amended.

11d) For example, § 7-12 of the Act no. 154/1994 Coll., On the Security Information Service
, § 11-16 of the Act no. 67/1992 Coll., On Military
defense intelligence, as amended Act no. 153/1994 Coll. and Act no.

88/1995 Coll. ".

44th § 7 including the heading reads:

" § 7

Administrative offenses of legal persons

(1) The accreditation person who

A) does not accredited by accreditation rules, with whom
Ministry have expressed their consent [§ 6 par. 4 point. a)],

B) issue a certificate of accreditation, without complying with staffing requirements
[§ 6 par. 4 point. d)]

C) does not report immediately to the Ministry that has for more than 3 months
secured the resources needed to carry out their activities [§ 6 par. 4
point. f)]

D) does not proceed in implementing the accreditation impartially [§ 6 par. 4 point.
E)], or

E) fails to comply within a specified period requirement to send information to the Ministry
(§ 6a sect. 3)

Will be fined up to CZK 100 000.

(2) Attestation Centre commits an administrative offense by

A) does not attestation in accordance with procedures approved by the Certification Centre
Ministry (§ 6b paragraph. 3)

B) evaluated the eligibility of the applicant for attestation (§ 6b) to implement the links
public administration information system with other information systems through
reference interface or the way
long-term management of information systems of public administration in breach of certificate
accreditation (§ 6a) or this Act,

C) issue a certificate of competence to implement an information system links
public administration with other information systems through interfaces
reference or long-term management of information systems
public administration, in the development, preparation, production or
trade in any way involved with him alone or economically or personally related
person (§ paragraph 6d. 2)

D) fails to comply within a specified period of obligation issue of the report made
test (§ 6d par. 4),

E) fails to comply within a specified period requirement to send information to the Ministry
(§ 6d par. 7), or

F) fails to comply within a specified period of mandatory publication of attestation
conditions (§ 6e par. 1).

(3) for an administrative offense pursuant to paragraph 2. a) to c) shall be fined
1 000 000 CZK, for an administrative offense pursuant to paragraph 2. d) to f)
be fined up to CZK 100 000.. "

45th after § 7, the following § 7a including the title and footnotes
fn. 12 and 12 reads:

"§ 7a
Common provisions


(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.

(2) In determining the amount of the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.

(3) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .

(4) Administrative offenses under this Act shall be heard by the Ministry.

(5) The liability for conduct that occurred in the business of a natural person
^ 12) or in direct connection therewith, shall be subject to the provisions of this
Act on liability and sanctions to legal persons.

(6) Penalties are levied and enforced by the Department of Customs office. Revenue from fines is
state budget revenue.

(7) The collection and enforcement of fines shall proceed in accordance
special legislation 12a).

12) § 2 of the Commercial Code.

12a) Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.. "

46th § 8 reads:

" § 8

(1) In matters of granting or withdrawal of authorization to perform accreditation
granting or withdrawal of authorization to perform attestations, approval procedures
Certification Centre, the revocation of the approval of these procedures, and penalizing
governed by this Act proceed according
administrative Procedure, unless otherwise provided herein.

(2) a party to mandate the implementation of accreditation is
applicant for authorization to perform accreditation. A party to proceedings to withdraw authorization to perform
accreditation is an accreditation body that is to be
decision credentials withdrawn.

(3) The participant in the procedure for granting authorization to perform attestations is
applicant for authorization to perform attestations. Participant in proceedings to revoke
authorization to perform attestations's attestation center, which is to be
decision credentials withdrawn.


(4) the parties about the consent to the change of procedures
Certification Centre and repealing Decision on approval procedures
Certification Centre's attestation center whose practice management concerns
.. "
|| | 47. § 9 including the title and footnotes Nos. 14 and 15 reads:

"Issuance of certified outputs from public administration information systems

§ 9

(1) For public information systems or parts thereof which are
public records, registers or lists, issued public
Administration, which administrators or operators of these systems (hereinafter
'administrators '), to request a full or partial excerpt from the transcript
maintained in electronic form in the information system. For information systems
public administration or parts thereof which are unpublished records,
registers or lists, issued by the administrator, if so defined
legislation to request a full or partial extract from the minutes kept in
electronic information system in this person that
registration is directly concerned, or a person who is under a special legal regulation
entitled to request the information given in writing, to the extent
this special statutory.

(2) The statement referred to in paragraph 1 (hereinafter referred to as "extract") in paper form is a public document
^ 14).

(3) Municipal authorities with extended powers and municipal authorities, authorities
boroughs or urban districts territorially divided statutory authorities
cities and boroughs of the City of Prague, the list
down by implementing regulation ( "municipal authority"), notaries, the postal license holder
^ 15) and the Economic chamber of the Czech Republic
performed upon request verification statement electronically signed
secure electronic signature of the authorized person or administrator designated
electronic sign-11b) administrator (hereinafter "
output from public administration information system") and based on this verification
issued on request verified outputs from the information system of public administration
.

(4) authenticated output from public administration information system (hereinafter
"certified output") means a deed that was a complete transfer
output from public administration information system from electronic to paper forms and
whose literal compliance with the output from the information
system of public administration has been verified (§ 9).

(5) certified outputs issued by a notary public or municipal office are public
Charter; Also verified excerpts issued by the postal license holder
or the Economic Chamber of the Czech Republic, confirmed the absence of proof to the contrary
, the truth of what is in them a certificate or letter.

14) § 134 of the Act no. 99/1963 Coll., Civil Procedure Code.

15) Act no. 29/2000 Coll., On postal services and on amending some laws
(Postal Services Act), as amended. ".

48th after § 9 The following new § 9a to 9d, which including footnotes
no. 16 and 17, added:

"§ 9a

(1) verification of the output from public administration information system means
verify the fact that the charter, which was created by converting the output
from public administration information system from paper to electronic form
literally coincides with content output from the information system
public administration. Verification is carried out verification clause, which contains

A) the indication of the verification that the certified output corresponds to the output of
public administration information system,

B) an indication of how many sheets consists certified output,

C) an indication that the certified output contains a partial listing of the information
system of public administration if it does not complete the output,

D) the place and date of execution clause verification

E) serial number under which verification is conducted in register verification
output from public administration information system,

F) official stamp and signature authenticating; when authenticating
postal license holder or the Economic Chamber of the Czech Republic,
uses its validation stamp whose terms are stipulated
implementing legislation.

(2) Verification clause shall draw up a document attesting to that originated
converting the output from public administration information system of electronic
into paper forms, or verification clause be drawn up separately as this

Deed it firmly. The Charter, which was created by converting the output of
public administration information system from electronic to paper form, and
drawn to her or to her tightly bound verification clause, the
regarded as one deed.

§ 9b

Obligations authenticating

(1) Those who issue certified outputs (hereinafter referred to as "verifying")
are required for verification output from public administration information system
only use such technical equipment that output from the information system
public administration to be validated, in the form in which it is
its contents for a person to read, so that its interpretation
match enrollment in public administration information system.

(2), the verification is obliged to take all actions necessary to
verify the fact that the output from public administration information system
is an advanced electronic signature of the authorized person or designated administrator
electronic sign ^ 11b) manager that this
guaranteed electronic signature or electronic mark is valid and their
qualified certificate or qualified system certificate
been invalidated and the output from public administration information system
was subsequently changed.

(3) When issuing certified outputs on the basis of statements pursuant to § 9. 1
second sentence is obliged to check verifying the applicant's authorization and determine his identity
. If it is a legal person discovers their existence, and
identity of persons acting on its behalf.

(4), the verification is obliged to keep records of issued certified outputs.
The records include at least the following information:

A) the serial number under which verification is conducted in register verification
output from public administration information system,

B) the date of execution clause verification

C) if the applicant is a natural person name, address of permanent residence
if they have no permanent residence, address, social security number, unless
social security number, date of birth of the person whose identity
was for the purpose of issuing certified output is verified, including the type and license number, which
identity was discovered when the identity verification is prescribed;
if the applicant is a legal person, its business name or name, address
seat, identification number, if any, and the name, surname, identity number
if they have no social security number, date of birth, and address of permanent residence
if they have no permanent residence, address of the person or persons
acting on behalf of the legal person, or persons acting for
legal person on its behalf on the basis of representation

D) identification of information system of public administration, from which he was released
certified output.

(5) Certifying stores outputs from public administration information systems, which were
for issuance of certified output verified, or
representation, and for at least 15 years from the certified output.

§ 9c

Obligations of public authorities that are managers or operators
public administration information systems

(1) Managers are required to pass the verifying party upon request without delay
output from public administration information system, and a signed
advanced electronic signature of the authorized person or electronically tagged
brand-11b) and dated and time indicating the hour, minute and seconds
when output was created, and the date and time indicating the hour, minute and second
moment at which the administrator is responsible for compliance
output with the state registration in the information system of public administration (hereinafter
"instant data validation").

(2) Administrators are responsible for the compliance statement, which is issued in accordance with § 9, or
output from public administration information system with the state registration in
public administration information system at the time of data validation.

(3) Managers are required to notify immediately the person verifying that
danger of misuse of data for creation of advanced electronic signature of the authorized person
controller or data to generate electronic
brand-11b) administrator.

(4) Managers of public administration information systems that are nonpublic
records, registers or lists are required to pass the certifying entity
output from public administration information system so that the output from the information system
public administration during the handover corresponding
way hidden from third parties.

§ 9d


Charging verification output from public administration information system

(1) The Administrator is authorized to request for providing the output from the information system of public administration
the certifying payment, for each set of
output from public administration information system amount, which is determined
special legal regulation as fee for issuing a statement
of the record, which has one leaf ^ 16).

(2) Reward postal license holder and the Economic Chamber of the Czech Republic
for issuing certified outputs are governed pricing regulations ^ 10).

(3) The fee for issuing certified outputs municipal authority provides
special legislation ^ 16).

(4) The remuneration of notary for issuing certified outputs provides specific legal regulation
^ 17).

16) Act no. 634/2004 Coll., On administrative fees, as amended
regulations.

17) Decree no. 196/2001 Coll., On remuneration and compensations of notaries and administrators
heritage, as amended by Decree no. 42/2002 Coll. ".

49th § 12 including the title reads:

"Enabling provisions

§ 12

(1) The Ministry shall issue a decree

A) the technical and functional requirements of the implementation of links between
public administration information systems through an interface reference
under § 4 para. 1 point. g)

B) the form and technical requisites transfer of data into the information system
under § 4 para. 1 point. h) and i)

C) the ministries and public authorities in the management, recording and announcing
data elements in the information system of data elements
under § 4 para. 2 point. d)

D) the form of publishing information to ensure that the information
related to public administration uveřejňovanými
manner allowing remote access to the extent necessary to introduce and persons with disabilities
under § 5 para. 2 point. f)

E) requirements for the structure and content of the information concepts, procedures, authorities
public administration during its creation, issuance, in evaluating its
compliance and requirements for safety and quality management of information systems in public administration
according to § 5a paragraph. 1

F) requirements for the structure and content of operational documentation pursuant to § 5a.
2 and the extent of operational documentation submitted for attestation pursuant to § 5, paragraph
. 3

G) the extent of ensuring the security of information systems in public administration and
areas of minimum security requirements to ensure confidentiality, integrity and availability
processed information under § 5b clause. 1

H) procedures attestation centers in assessing the long-term management
public information systems in accordance with § paragraph 6d. 1 point. b)

I) procedures for attestation centers in assessing the capacity to implement
links information systems in public administration through
reference interface under § 6d paragraph. 1 point. b)

J) details of the verification stamp and postal license holder
Economic Chamber of the Czech Republic according to § 9 paragraph. 1 point. F).

(2) The Ministry of the Interior in agreement with the Ministry of Informatics provides a list of offices
decree under § 9. 3. '. Article II



Transitional provisions
| || first public authorities are required to demonstrate competence certificate
information system to implement bonds through a reference interface
under § 5 para. 2 point. d) of the Act no. 365/2000 Coll., on information
systems of public administration and amending certain other
laws are effective from the date of entry into force of paragraph 36 of Article I of this Act
at the earliest after the expiry of two years from the effective date
point 36 of Article I of this Act.

2. public authorities are obliged to fulfill obligations pursuant to § 5, paragraph
. 1 and 2 of the Act no. 365/2000 Coll., on information systems of public administration
and amending certain other laws, amended effective from the date of entry into force
point 40 of Article I of this Act, within 2 years from the date of entry into force
point 40 of Article I of this Act.

third public authorities are obliged to ensure
attestation of long-term management of information systems in accordance with § 5a. 3 of Law no. 365/2000 Coll.
on public administration information systems and amending certain other
laws are effective from the date of entry into force of paragraph 40 of article I
this law, within three years of the effective date of paragraph 40 of Article I

This Act. Certificates of compliance with standards for information systems of public administration
005 / 02.01 for the life cycle of the information system,
issued before the effective date of paragraph 40 of Article I of this Act shall be deemed
attests term management for the duration of these certificates.

Fourth Valid authorization to perform the attestation issued by the attestation centers
effective date of paragraph 42 of Article I of this Act shall be deemed
authorization to perform attestations issued under § 6b of the Act no. 365/2000 Coll., On Information Systems
public administration and amending certain other
acts as amended effective on the date of entry into force of paragraph 42 of Article I
this Act for a period of 2 years from the date of entry into force of paragraph 42 of Article I of this Act
.

Fifth Administrative proceedings initiated pursuant to Act no. 365/2000 Coll., On information
systems of public administration and amending certain other laws, as
effective on the effective date of paragraph 46 of Article I of this Act shall be completed pursuant
Act no. 365/2000 Coll., on information systems of public administration
and amending certain other laws, as amended effective on the effective date
point 46 of Article I of this Act.
Authorization to perform attestations issued pursuant to the first sentence may be granted for a period of 2 years from the date of entry into force
point 46 of Article I of this Act.

6th Attestation initiated by Act no. 365/2000 Coll., On information
systems of public administration and amending certain other laws, as
effective on the effective date of paragraph 41 of Article I of this Act shall be completed pursuant to Act
no. 365/2000 Coll., on information systems of public administration
and amending certain other laws, as amended effective on the effective date
point 41 of Article I of this Act.

7th Standards of public administration information systems
issued before the date of entry into force of paragraph 24 of Article I of this Act on the date of acquisition
efficiency point 24 of Article I of this Act repealed.
Article III


Authorization to publication of the full text

Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 365/2000 Coll., On public administration information systems and
amending certain other laws, as follows from the laws amending it.
PART TWO


Amendment to Act no. 358/1992 Coll., On notaries and their activities (Notary
order)
Article IV


Act no. 358/1992 Coll., On notaries and their activities (Notary Act), as amended by Act
no. 82/1998 Coll., Act no. 30/2000 Coll., Law no. 370 /
2000 Coll., Act no. 120/2001 Coll., Act no. 317/2001 Coll., Act no. 352/2001
Coll., Act no. 501/2001 Coll., Act. 6 / 2002 Sb., the Constitutional court announced
under no. 349/2002 Coll., the Constitutional court ruling
promulgated under no. 476/2002 Coll., Act no. 88/2003 Coll., Act no. | || 18/2004 Coll., Act no. 237/2004 Coll. and Act no. 284/2004 Coll., is amended as follows
:

First In § 19. a) after the word "abroad", the words "
issuing certified outputs from public administration information system by
special legislation 2a) issuing copies or extracts
Register of pledges or confirmation that in it a certain thing, mass
item or group of items is registered as a pledge. "

Footnote. 2a reads:

"2a) Act no. 365/2000 Coll., On public administration information systems and
amending certain other Acts, as amended.".

Second In § 23 letter a) reads:

"A) the scheduling of notarial records on legal acts, unless
form of a notarial deed established for legal action by special law,
certifying legally significant facts and declarations, unless the
certification bodies of a legal decision persons receiving and issuing
deposits, issuing certified outputs from information system of public administration
by special legislation 2a)
implementation registrations and deletions in the Register of pledges, issuing copies or extracts from the Register of pledges
or a certificate stating that it has some thing
bulk item or group of items is not registered as collateral ".

Third In § 53 par. 3, after the word "law" the words "or special
law".

Fourth In § 72 para. 1 at the end of letter i) is replaced by a comma and
following point j) is added:

"J) outputs from public administration information system.".

Fifth In § 72 paragraph 4, including footnote no. 5 reads:


"(4) The facts stated in paragraph 1. D) i) j) certify the notary
form and procedure stipulated by special legal regulations 4) ^ 5).

5) Law no. 191/1950 Coll., bill and check, as amended by Act no. 29/2000 Coll
.

Act no. 365/2000 Coll., on public administration information systems and amending certain
other acts, as amended. ".
PART THREE


Amendment to the Act on Administrative Fees
Article V


Act no. 634/2004 Coll., On administrative fees, as amended by Act no. 217/2005 Coll
., Act no. 228/2005 Coll., Act no. 357/2005 Coll. and Act No.
. 361/2005 Coll., Is amended as follows:

First In Part I, Item 3 Tariff administrative fees set out in Annex
to the Act, the following point d) shall be added:

"D) Issue certified output from the information system CZK 50
public administration for each page,".

Second In Part I, Item 22 of Tariff administrative fees, letter i) reads:

"I) Submission of the application for authorization to perform accreditation
to grant authorization to perform attestations or to grant consent to a change
attestation podmínek26) CZK 10,000."
PART FOUR


Amendment to Act no. 582/1991 Coll., On organization and implementation of social security

Article VI


Act no. 582/1991 Coll., On Organization and Implementation of Social Security,
amended by Act no. 590/1992 Coll., Act no. 37/1993 Coll., Act.
160 / 1993 Coll., Act no. 293/1993 Coll., Act no. 307/1993 Coll., Act no. 241/1994 Coll
., Act no. 118/1995 Coll., Act no. 160/1995 Coll ., Act no. 134/1997 Coll
., Act no. 306/1997 Coll., Act no. 93/1998 Coll., Act no. 225/1999 Coll
., Act no. 356/1999 Coll., Act no. 360/1999 Coll., Act no.
18/2000 Coll., Act no. 29/2000 Coll., Act no. 132/2000 Coll., Act.
133 / 2000 Sb., Act no. 155/2000 Coll., Act no. 159/2000 Coll., Act no. 220/2000 Coll
., Act no. 238/2000 Coll., Act no. 258/2000 ., Act no. 411/2000 Coll
., Act no. 116/2001 Coll., Act no. 353/2001 Coll., Act no.
151/2002 Coll., Act no. 263/2002 Coll., Act no. 265/2002 Coll., Act no. 309/2002 Coll
., Act no. 320/2002 Coll., Act no. 518/2002 Coll., Act.
362 / 2003 Coll., Act no. 424/2003 Coll., Act no. 425/2003 Coll., Act no. 453/2003 Coll
., Act no. 53/2004 Coll., Act no. 167/2004 Coll ., Act no. 281/2004 Coll
., Act no. 359/2004 Coll. and Act no. 436/2004 Coll., is amended as follows
:

First In § 39 par. 1, a sentence added after the first sentence, "If the registration sheets
conducted in a manner specified in § 123e paragraph. 2 and sent in electronic form via data
reports submitted directly Czech administration
social security through its electronic registry. ".

Second In § 39 paragraph 8, which including footnote no.
56a reads:

"(8) The deadline for submission of registration form is maintained when used
Organization for submission of registration form data message delivery service
public authority via the public administration portal and manager portal
public administration takes this data message
later than the last day of that period-56a).

56a) Act no. 365/2000 Coll., on public administration information systems and
amending certain other acts, as amended . '.
PART FIVE


Amendment to Act no. 130/2002 Coll., On support for research and development from public funds
(Act on support for research and development)
ARTICLE VII


Title III of the Act no. 130/2002 Coll., On support of research and development
public funds and amending certain related acts (
support for research and development) § 32 par. 5, the words " unless
investigator or other individual citizen of the Czech Republic "is replaced
'absence investigator or other individual assigned personal identification number" and
words "according to the standard of public information systems" is || | replaced by "set by the administrator of the information system research and development
".
PART SIX


Change in Accounting Act
Article VIII


Act no. 563/1991 Coll., On Accounting, as amended by Act no. 117/1994 Coll.
Act no. 227/1997 Coll., Act no. 492/2000 Coll., Act. 353/2001 Coll.
Act no. 575/2002 Coll., Act no. 437/2003 Coll., Act no. 257/2004 Coll.
Act no. 669/2004 Coll., Act No. . 179/2005 Coll., is amended as follows:

In § 21a paragraph. 4 at the end of the sentence: "Entities mentioned in §

20 also publish financial statements in the Commercial Bulletin.. "PART SEVEN





abolished Article IX


|| canceled | PART EIGHT eFFECTIVENESS





ARTICLE X This Act comes into force on 1 January 2007, except the provisions
Article I, section 38, which comes into effect on January 1, 2008, and
provisions of Article I, paragraphs 43, 47 and 48 and part of the sixth and seventh, which
become effective upon publication.



Zaorálek vr vr Klaus | ||
Paroubek mp